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I had a scope of a ureter and kidney that was supposed to be…

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I had a scope of...
I had a scope of a ureter and kidney that was supposed to be diagnostic. The plan was to talk about options AFTER the test. The doctor came into the room as the anesthesiologist was starting to knock me out and said he might 'fix things' and he might use an internal tube. I already had a nephrostomy tube. I said no, that I didn't want any internal tube. When I woke up I found out that he pulled out the nephrostomy tube, installed an internal tube, and told my fiance that I had to have this thing stuck in my kidney and bladder for 2 months. This tube is extremely painful - intolerable. He refuses to take it out or talk to me about it. Can I make him take it out? I told him I didn't want it. I have called his office since I got home that this needs to come out. I don't understand how he can force me to keep this tube in for 2 months. I am not his property. There must be a remedy.
Submitted: 5 months ago.Category: Legal
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Answered in 4 minutes by:
11/15/2017
Lawyer: legalgems, Lawyer replied 5 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 5 months ago

I am very sorry to hear this;

normally the procedure will be addressed in the doctor's office rather while the patient is being sedated as that would presumably cause problems with having the requisite capacity to consent.

I am sorry you are in pain-2 months is a long time.

The medical provider has a duty of care to the patient and so they must do what is medically necessary if the patient cannot consent. If it is a matter of preference, the doctor would be required to listen to the patience unless it would compromise the patient's health care and the patient was not able to provide consent.

A patient's right to make health choices is paramount-please see:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1335174/pdf/cmaj00239-0029.pdf

Case law helps support this right-for example please see:

Cobbs v. Grant, 8 Cal.3d 229 (1972)]

In addition to civil liability a care provider can have criminal charges pressed (ie battery) for the unconsensual contact or contact that exceeded the consent given.

So if a doctro does an unauthorized procedure and the patient withheld consent, the patient can sue for damages, which may include damages to undo the procedure, pain and suffering, even punitive damages if the court finds the provider acted recklessly or with malice.

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Customer reply replied 5 months ago
this doesn't answer my question about how I can get him to take it out.
Lawyer: legalgems, Lawyer replied 5 months ago
Adoctor cannot be forced to do something by the courts. They generally will not issue an injunction ordering a doctor to do a specific act. So generally the patient would have to hire a third party professional to handle the procedure if the doctor is unwilling and then sue for monetary damages.
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Lawyer: legalgems, Lawyer replied 5 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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